Requirements for Copyright Protection

The research deals with determination of requirements for copyright protection. Primarily the relevance of the issue is caused by outstanding problems connected with the legal regime of objects created by artificial intelligence and determining the rights holders to such items. The goal of the research is to examine requirements for copyright protection in the anglo-saxon legal system and in the civil law, to formulate definition of work as a crucial category of copyright law and to identify the most appropriate way of solution to the problem of protectability of objects created by artificial intelligence for modern legal reality. In the research the author analyses different perspectives on the definition of work and approaches to interpretation of creativity and objective form’s features, examines factors, precluding presence of the creativity, consider protectability of tattoos, taste and scent subject to presence of objective form, also analyses proposed in the civil doctrine options of the solutions to the problem of protectability of objects created by artificial intelligence. In the conclusion the author’s definition of work and classification of requirements for copyright protections are proposed, also two factors, which are necessary to draw attention for determine creativity are formulated. Furthermore, the author reaches the conclusion that it is not possible to provide copyright protection for taste and scent and argues that objects created by the artificial intelligence can not be qualified as a work and should be protected by related rights.